Phoenix DUI Lawyer Blog

When arrested for a crime in Mesa AZ, know your criminal rights

"Violations of constitutional rights can lead to dismissal of evidence or even a dismissal of your Mesa AZ Criminal or DUI charges"

It is a good idea to become familiar with your criminal rights, before you have been arrested or face Mesa criminal or DUI charges. Some have the misconception that laws and procedures are in place to arrest, and convict you of crimes. However, laws also exist to protect you from unfair treatment by law enforcement and authorities within the criminal justice system.

Experienced criminal defense and DUI attorneys who defend charges in mesa know how to use the laws in favor of your defense. Generally, there are three types of basic criminal rights which include: Rights afforded by Federal United States Constitution or Constitutional Rights; Arizona Constitution and State Laws; Procedural rights related to the formal charges in the Arizona criminal court process. Below are some of your most common and basic criminal rights to invoke or that may apply if you are to arrested or face Mesa criminal or DUI charges (list not exhaustive):

• Right to "an attorney", criminal or DUI defense, without unjustified cause for delays (you must invoke or verbalize);
• Right to "remain silent (you must invoke or verbalize);
• Right to "due process" in order to retain legal representation to challenge formal charges against you in your defense;
• Right to refrain from self-incrimination;
• Right to plead "not guilty";
• Right to raise justifiable defenses to challenge the charges;
• Right to obtain and present evidence that will strengthen your defense;
• Right to challenge the accuracy or credibility of evidence against you;
• Right for a fair and speedy jury trial (when the criminal charges are eligible for a jury trial)
• Right to freedom from unjust or unwarranted "search and seizure" of your property, vehicle, home or yourself, in absence of a valid search warrant, or "plain sight" exclusion.
• Right not to be subjected to "cruel and unusual" punishment. Right not to be charged, arrested or tried twice for the same crime in criminal court of law. This is known as "Double Jeopardy" prohibition.

If you have active Mesa AZ criminal or DUI charges, or you feel your rights have been violated, you should contact an experienced criminal or DUI lawyer who defends charges in Mesa Arizona. Violations of constitutional rights can lead to dismissal of evidence or even a dismissal or your Mesa criminal or DUI charges. Do to the complexities of the criminal justice process, and nature of the issues, your chances of getting a good outcome for challenging constitutional violations are the most successful if argued by a proven and qualified Mesa criminal or DUI attorney.